Upland City Council advances plan to fine code violators

UPLAND -- The City Council tentatively approved a contentious citation ordinance, that will attempt to gain compliance through the threat of daily fines.

The council approved the first reading of the revised ordinance Monday night, several months after approving an original version of the ordinance drafted by then-interim City Attorney Jimmy Gutierrez.

The council held off on the final approval of the ordinance in July after residents protested.

They agreed to have the City Council Advisory Committee take a look. They met in October and February, making several changes, before recommending it to the council during their March meeting.

The City Council Advisory Committee made several changes to the ordinance.

These include ensuring that property owners with tenants also receive the notice of violation, the hearing officer is a third party not affiliated with the city and that fines be included in a resolution and will be up for review annually.

"The purpose for this ordinance is to create a more time and cost-effective process for the city to obtain code compliance while incorporating safeguards in the process for property owners," said Liz Chavez, the city's manager of housing, economic development and code enforcement.

San Bernardino County and 32 surrounding cities utilize an administrative citation ordinance to gain compliance, she said.

"The only tool to enforce the provisions of the Upland Municipal Code is through public nuisance abatement, voluntary compliance or criminal prosecution," Chavez said.

If implemented, the ordinance would allow the city to levy daily fines on property owners who fail to comply with the Municipal Code.

The fines, which were also tentatively approved through a resolution, are categorized by violation type and the number of violations in a 12-month period.

For general violations, such as debris on property, unmaintained parkways/landscape, needed building maintenance, illegal building/structure or and illegal home business structure, are $100 for a first offense; $200 for a second offense and $500 for a third offense.

Building and safety violations, such as dilapidated structures, unsecured stagnant pool; dilapidated pool fence/gate or sewage outflow, are $500 for a first offense; $750 for a second offense and $1,000 for a third offense.

Councilman Glenn Bozar voted against the ordinance Monday night, questioning the possible bias of hearing officers and whether the ordinance is necessary since any cases end up complying.

Bozar was a member of the committee when it was first asked to look at the ordinance.

"I think the majority of these cases you have to extend a helping hand of compassion to your neighbor I think there's a problem out there. We don't know our neighbors anymore," Bozar said.

Bozar said he believes many of the violators could be helped by the local Boy Scout groups, but Councilwoman Debbie Stone said she knows of two situations where their help was turned down.

"That help is out there, but a lot of people don't want anybody around to help them fix their problems," she said.

If fully implemented, violators would receive a notice of violation, with a letter stating they may be fined and attached fines, and will be given 10 days to respond. If they do not, then a code enforcement officer will make a second attempt, giving them 30 more days to comply.

If they still fail to comply, the officer can issue a citation adding an additional 15 days to abate the violation without incurring a fine.

The property owner then will have an opportunity to appeal or request a hearing. If the appeal is granted the case is dismissed, otherwise they will be required to pay the fine.

If a hearing is granted, then they are required to pay a $210 deposit. Waivers are available for people who cannot afford to pay the deposit.

The hearing will be set within 10 to 21 days. If the outcome is in favor of the property owner then the case is dismissed, but if it is in favor of the city then they must pay their fines within 16 days or go to court.

Under the city's current policy, code enforcement officers send two notices of violation.